MSPB Tackles Record High Caseload

Last year, the Merit Systems Protection Board (MSPB) processed 28,509 cases – a record high for the board that hears the adverse action appeals of federal agencies against their employees.

Laid out in their annual report, the agency saw a 63% increase from fiscal 2014 to fiscal 2015. This included more than 32,000 furlough appeals filed by employees during fiscal 2013 sequestration implementation, of which the MSPB has issued decisions in 97 percent of those furlough cases.

Including furloughs, 86%t of the cases decided in MSPB’s regional and field offices were adverse actions. Though, after removing furloughs, this number drops to just 38% of the decisions coming from adverse personnel actions.

In this report, the MSPB also outlines its case against expanding the expedited appeals provision in the Veterans Access, Choice and Accountability Act – which requires MSPB to adjudicate appeals of adverse actions against Senior Executive Service (SES) employees at the Veterans Affairs Department (VA) within 21 days.

The MSPB wrote that the law “has adversely affected the processing of cases involving all other non-VA SES employees, including whistleblowers, veterans and retirees who have the right to file appeals with MPSB. This is because MSPB has no choice but to prioritize these appeals, given the statutory language.”

While the MSPB has been vocal with regards to the strain this law puts on the agency, similar legislation continues to be offered, including a proposal by presidential candidate Sen. Marco Rubio (R-FL) which would require the same expedited decision process be applied to the entire VA workforce.

“It would be very difficult for MSPB to meet the requirements of this legislation if it is signed into law as it is currently written,” the agency said.